Introduction
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nuuEnergy GmbH (in founding), Holzstraße 28, 80469 Munich (hereinafter referred to as Contractor), offers its customer a complete service for the installation of heating systems.

§ 1. General
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The contractor is entitled to commission third parties to fulfil its contractual obligations.

§ 2. Conclusion of contract

2.1. A non-binding offer (in the legal sense an invitation to submit an offer) is created and sent to the customer based on the information provided by the customer in the contractor's offer computer (accessible at www.nuuenergy.com).

2.2. Offers and cost estimates by the contractor are subject to change and non-binding unless they are expressly marked as binding.

2.3. A contract for the services of the contractor comes about through application and acceptance. Application in this sense is the sending of the confirmed offer to the contractor (hereinafter referred to as order placement). The acceptance takes place by sending the order confirmation from the contractor to the customer. The text form requirement applies. The placing of an order by the customer is considered a binding contract offer. The contract is concluded when the customer receives the order confirmation from the contractor.

§ 3. Right of withdrawal, information on exercising the right of withdrawal
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Information on exercising the right of withdrawal
Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.

In order to exercise your right of cancellation, you must send us nuuEnergy GmbH (in founding), Berner Strasse 75, 81476, Munich, email: hello@nuuenergy.com by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of withdrawal: If you withdraw from this contract, we will owe you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than that offered by us, have chosen cheapest standard delivery) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
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§ 4. Feasibility

4.1. The customer assures that all information provided by them (section 2.1.) is correct and complete. If it turns out that information is inaccurate and the contractually owed service can therefore not be provided or can only be provided with considerable additional effort, the contractor has an extraordinary right of termination. In this case, the customer is obligated to pay damages to the contractor in accordance with Section 15.2 of these conditions.

4.2. The customer assures that before placing the order they have made sure that the planned service is possible from a public law perspective (e.g. statement of the responsible chimney sweep) and from actual circumstances (e.g. approval of the gas network operator) and that the local conditions allow the installation of the contractual system allow. If there are any concerns, these must be communicated to the contractor before the order is placed. If the contract cannot be carried out for these reasons, the obligation to pay damages applies analogously to Section 15.2. of these conditions.

§ 5. Interpretation of the contract
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The contract concluded between the parties contains a final and comprehensive description of the subject of the service and takes precedence over all other documents. The contractor does not assume any further delivery and service obligations beyond the services expressly regulated in the contract. Agreed or necessary additional services are subject to remuneration in addition to the agreed fixed price.

The contractor's range of services ends at the handover point; the heating circuit distributor, which is usually located in the boiler room, is agreed as the handover point. Outside the contractor's scope of services, the inventory system is located from the handover point. Under no circumstances is the contractor liable for defects that occur in the area of ​​the inventory system. The customer is responsible for the provision of a defect-free, in particular tight, existing system at the start of assembly, a power supply (230 V 16 A) and a functioning waste water system.
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§ 7. Delivery and service obligations of the contractor; transfer of risk; acceptance

7.1. Delivery of the heat generator including associated components and other items of the deliveries and services

7.1.1. The contractor undertakes to deliver and assemble the ordered heat generator including the associated components and other items of the deliveries and services.

nuuEnergy is entitled to install a superior model from the same manufacturer.

7.1.2. The delivery is made to the customer. The contractor is entitled to determine the type of dispatch and the means of transport as well as the forwarding agent or carrier at his due discretion. The customer is obliged to notify the contractor immediately of any obvious transport damage.

7.1.3. The risk passes to the customer at the latest when the heat generator, including the associated components and other items of the deliveries and services, is handed over to the forwarding agent, freight carrier or other third party responsible for carrying out the shipment. If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered heat generator including associated components and other items of the deliveries and services passes to them at the point in time at which the heat generator, associated components and other items of the goods and services is delivered to him or he is in default of acceptance.

7.2. Completion including acceptance

7.2.1. Following the completion of the installation, an acceptance report is drawn up, which confirms that the assembly has been completed and the system has been accepted. Recognised remaining work and defects are to be stated in the log. Formal acceptance has not been agreed. The customer must ensure that he or a third person authorised to accept the goods is on site at the time of acceptance. It is assumed that a person from the customer's legal sphere who is on site at the acceptance date is authorised to accept the goods in the name and with the authority of the customer.

7.2.2. With acceptance, the risk for the installed system is transferred to the customer.

7.2.3. The contractor undertakes to hand over an operating manual for the heat generator including associated components and other items of the deliveries and services to the customer upon acceptance.

§ 8. Obligations of the customer
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8.1. At the latest when the order is placed, the customer must inform the contractor of circumstances that they believe could complicate the dismantling of the old heat generator and the installation of the new heat generator, including associated components and other items of the deliveries and services. This includes in particular the scope of and access to the room in which the heat generator including associated components and other items of the deliveries and services are to be installed.

8.2. Before starting the assembly work, the customer must provide the necessary information about the location of concealed power, gas, water lines or similar systems.

8.3. The customer also undertakes to provide the contractor with the following information:

Photographic material according to the instructions of the contractor
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Installation and operational readiness of the gas meter for natural gas heat generators
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Contact details of the responsible chimney sweep

Type of fuel oil in the tank (sulphur content) in fuel oil heat generators.

8.4. The customer is obliged to leave the packaging of the heat generator supplied by the manufacturer or wholesaler, including the associated components and other items of the deliveries and services, intact. This is the only way for the contractor to ensure that the delivery is complete.

8.5 The customer is not permitted to dismantle the old heat generator or to make any other interventions in the system.

8.6. Any costs incurred as a result of incorrect or omitted notification or any other breach of one of the customer's obligations shall be borne by the customer, subject to liability under Section 14, insofar as the customer is responsible for the breach.

§ 9. Deadlines, Default
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9.1. The agreement on the probable date for the delivery and installation of the heat generator, including the associated components and other items of the deliveries and services, is usually made after the cancellation period has expired. The contractor endeavours to take desired dates into account in the planning. Unless otherwise agreed, the appointment is usually confirmed two weeks before the planned start of assembly.

9.2. If the contractor or their suppliers or subcontractors are not responsible for disruptions in business operations, in particular cases of force majeure, strikes and lockouts, which are based on an unforeseeable event that is not their fault and lead to serious operational disruptions, the specified dates will be postponed accordingly. If performance of the contract becomes impossible due to the disruptions mentioned, both parties are entitled to terminate the contract. In this case, the contractor is entitled to remuneration for the services rendered up to that point, whereby the services rendered also include claims by third parties which he commissioned in reliance on the execution of the contract. Further claims for damages are excluded on both sides.

9.3. If the contractor cannot meet the confirmed date, he will inform the customer immediately and agree on a new date. The onset of default by the contractor is determined according to the statutory provisions, whereby a deadline to be set is considered reasonable if it is not less than six weeks.

9.4. The rights of the customer according to Section 13 and the legal rights of the contractor, in particular in the event of an exclusion of the obligation to perform (e.g. due to the impossibility or unreasonableness of the service and/or subsequent performance) remain unaffected.

9.5. If the customer does not accept the delivery and installation of the subject of the contract even after a grace period of at least six weeks, the contractor is entitled to terminate the contract due to lack of cooperation. In this case, the customer is obliged to pay the lump sum of § 15 paragraph 2 of these conditions.

§ 10. Prices and terms of payment

10.1. The contractor's prices apply to the scope of services confirmed in the order confirmation. The prices include the statutory VAT.

10.2. The invoice is due within 7 days without deduction of discount. Invoicing takes place immediately after completion.

10.3. At the end of the payment period, but no later than 30 days after receipt of the invoice, the customer is in default according to § 268 paragraph 3 BGB without requiring a separate reminder. Interest is to be paid on the wages during the delay at the applicable statutory default interest rate. The contractor reserves the right to assert further damage caused by delay. The contractor's claim to the commercial interest due on maturity (§ 353 HGB) remains unaffected in relation to merchants.

10.4. Offsetting against counterclaims by the customer or retention due to such claims is only permissible if the counterclaims are undisputed or have been legally established. This does not apply to complaints of defects or counterclaims from the same contract by the customer.

10.5. When the contract is concluded, nuuEnergy will obtain information from relevant service providers (e.g. Creditreform, SCHUFA) to check the creditworthiness. The service provider will provide nuuEnergy with the address and creditworthiness data stored about you, including data determined on the basis of mathematical-statistical processes, provided nuuEnergy has credibly demonstrated a legitimate interest. The contractor is entitled to carry out or provide outstanding deliveries or services only against full advance payment or provision of security if circumstances become known to them after conclusion of the contract which are likely to significantly reduce the creditworthiness of the customer (e.g. an application for the opening of insolvency proceedings).

10.6. In the event of an assignment of the contractor's claims under this contract, the contractor will send an original notification of assignment signed by them with legal effect to the customer, which shows the name, address and account details of the new creditor, the amount of the assigned claim and the date of the assignment. Without full compliance with this obligation, the customer is still entitled to make payments to the contractor.

10.7. If it has been agreed with the customer that existing components of the old heating system will be used for the installation of the new system, but nuuEnergy determines on site that these components are not available/non-functional, nuuEnergy can refuse to provide the service until the required ones are available Components for the installation have been procured. The parties will agree separately on the costs and the obligation to bear the costs for the components mentioned. The customer is informed that an existing system that does not correspond to the current state of the art can lead to that the necessary prerequisites for the eligibility of the entire system for subsidies by the Kreditanstalt für Wiederaufbau or the BAFA or other institutes or public bodies commissioned with the processing of subsidies are no longer applicable and the overall function of the system may be impaired. For technical reasons, the contractor cannot check this before assembly.

§ 11. Funding
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11.1 The contractor can offer the customer various financing options. In this case, the corresponding loan agreement between the customer and the lending bank (or the contracting company, also referred to as the bank here) is concluded if the transaction is successful. The contractor does not become the customer's contractual partner.

11.2. The customer submits the loan application (or contracting agreement) for financing to the relevant bank. The decision regarding the loan application is the sole responsibility of the respective bank.

11.3. The contractor will keep the order confirmation open until the bank has made a final decision.

11.4. If the financing request is rejected by the bank, the customer has the option of maintaining the contract by paying the agreed wages in advance. Otherwise, the legal effects of an issued order confirmation are void. The contract is considered canceled.

§ 12. Retention of Title
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The heat generator including associated components and other items of the deliveries and services (hereinafter referred to as “reserved heat generator”) remain the property of the contractor until all payment claims to which he is entitled against the customer from the business relationship have been fulfilled. In the event of attachments, confiscations or other dispositions or interventions by third parties, the customer must inform the contractor immediately. In the event of breaches of duty by the customer, in particular in the event of default in payment, the contractor is entitled to withdraw and to take back the heat generator subject to retention of title; The purchaser is bound to the publishing. Asserting the retention of title does not require the contractor to withdraw.

§ 13. Characteristics, claims for defects; statute of limitations
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13.1 The delivery item is free of material defects if it corresponds to the product description or - if there is no product description - the respective state of the art. We reserve the right to make changes to the construction and/or design that do not affect the functionality or the value of the delivery item and do not entitle us to make a complaint. In the case of defects that do not or only insignificantly affect the value and/or the usability of the delivered item, there are no claims for defects.

13.2 Guarantees for the quality and durability of the delivery item are only deemed to have been accepted if the contractor has expressly declared the guarantee as such in writing. The contractor is only responsible for public statements, especially in advertising, if he caused them to be made. Claims for defects can only be asserted on the basis of such a statement if the statement actually influenced the customer's purchase decision. Guarantees that sub-suppliers assume in guarantee declarations, relevant advertising or other product documents are not initiated by the contractor. They only bind the supplier who declares this acceptance of guarantee. Paragraph 1 of this clause remains unaffected.

13.3 Complaints about defects are to be made immediately and are excluded if they are not received within 2 weeks of receipt of the delivery. Defects that could not be discovered within this period even with the most careful examination must be reported immediately, but no later than 2 weeks after their discovery. The regulation on transport damage remains unaffected.

13.4 If the delivered item is defective or does not correspond to a guaranteed quality, the contractor will remedy the defect free of charge within a reasonable period of time either by repair or delivery of a defect-free item (subsequent performance). The customer must give the contractor or his authorised representative the time and opportunity to do so. If this does not happen or if changes or repairs are made to the object complained about, this releases the contractor from liability for defects.

13.5 If the supplementary performance fails or does not take place within a reasonable grace period set by the customer, the statutory warranty rights apply. Withdrawal is excluded.

13.6. Claims by the customer for damages or reimbursement of expenses exist in accordance with Section 14 and are otherwise excluded.

13.7. No liability for material defects is granted for wear and tear or defects caused by

(a) use or operation in a manner that is not technically intended or not recommended by the contractor,

(b) maintenance work that was not carried out by the contractor or a certified specialist company (master workshop),

(c) the use of products that are not compatible with the heating system,

(d) changes to the heating system (in particular due to replaced parts or consumables that do not correspond to the original specifications),

(e) other actions, contrary to the specifications of the contractor (in particular operating, operating or maintenance instructions).

Furthermore, the contractor shall not assume any liability for defects in the existing system, in particular defects in the existing heating piping, the radiators or thermostats.

This expressly also applies to consequential damage, in particular due to leaks occurring in the existing system.

§ 14. Liability

14.1 We, the contractor, are only liable for damages and compensation for wasted expenses (§ 284 BGB) due to breach of contractual or non-contractual obligations (e.g. due to delay or tort) in the event of intent or gross negligence, due to culpable injury to life, limb or health fraudulent concealment of a defect or assumption of a quality guarantee or under the Product Liability Act for personal injury or property damage to privately used objects.

14.2 In addition, the contractor is liable for breach of essential contractual obligations, even in the case of slight negligence. In this case, however, liability is limited to the damage that was reasonably foreseeable and typical for the contract at the time the contract was concluded.

14.3 The above regulations apply to the same extent for our vicarious agents.

14.4 A change in the burden of proof to the detriment of the customer is not associated with the above provisions.

§ 15. Termination

15.1. Withdrawal from the contract is excluded.

15.2. If the customer makes use of his right of termination according to § 648 BGB or if the contractor cancels the contract according to § 9.5 of this contract, the customer is obliged to pay a flat-rate compensation of 15% of the agreed remuneration before the first visit to the construction site; from the first day on the construction site to pay a flat rate payment of 50% of the agreed remuneration; from the second day on the construction site, is obliged to pay a lump-sum payment of 80% of the agreed remuneration, whereby the counter-evidence of an actually lower service and expenditure is open to him. The contractor reserves the right to assert further claims in this case.

§ 16. Online Dispute Resolution
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16.1. The European Commission provides a platform for online dispute resolution (OS). You can find the platform at http://ec.europa.eu/consumers/odr/. The e-mail address is: hello@nuuenergy.com. The contractor is neither obliged nor willing to participate in this dispute settlement.

§ 17. Final Provisions
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17.1. German law applies between the parties to the exclusion of the UN Sales Convention (CISG). In business transactions with consumers within the European Union, the law at the consumer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.

17.2. If the customer is an entrepreneur (§14 BGB) or if the customer does not have a general place of jurisdiction in Germany or in another EU member state or has moved their permanent residence to a country outside the EU after these General Terms and Conditions have come into effect, or is their residence or usual place of residence at the time not known at the time the action was filed, the sole place of jurisdiction for all disputes arising from this contract is the place of business of the contractor.

17.3. Insofar as individual provisions of this contract are or become invalid in whole or in part, the validity of the remaining contractual provisions shall remain unaffected.

17.4. Legally relevant declarations and notifications that are to be submitted by the customer to the contractor after the conclusion of the contract (e.g. setting deadlines, notifications of defects, declaration of reduction) must be in text form to be effective.

17.5. Contract language is German.

17.6. Terms and conditions of the customer or third parties that deviate from or conflict with these General Terms and Conditions, as well as the procurement and contract regulations for construction work (VOB/B) do not apply unless the contractor has expressly agreed to them. This requirement for consent applies in any case, for example even if the customer carries out the delivery to the customer without reservation and is aware of the general terms and conditions of the customer.

§ 18. Actuality and Changes of the Privacy Policy

This data protection notice is currently valid and has the following status: August, 2023.